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Full-Text Articles in Law

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England Oct 1976

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …


The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England Oct 1976

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …


The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England Oct 1976

The Legal Response To Striking At The Individual Level In The Common Law Jurisdictions Of Canada, G. England

Dalhousie Law Journal

It is universally accepted that in the economic battle of a strike each individual striking employee must bear the temporary loss of his income, subject to any assistance his union can give him in the form of strike pay. It is not, however, universally accepted that he should be penalized by losing his job and accrued claims to seniority and fringe benefits such as pension, severance pay, sick pay, vacations and holidays. This is particularly so in the case of a legal strike. The legal striker is, after all, merely a participant, and perhaps not even a willing participant, in …


Recent Developments In Labour Law In Nova Scotia, Brian G. Hansen, John Macpherson, Larry Steinberg Jul 1976

Recent Developments In Labour Law In Nova Scotia, Brian G. Hansen, John Macpherson, Larry Steinberg

Dalhousie Law Journal

The past two years have been a fruitful time for those in Nova Scotia interested in labour law. During this period, the Supreme Court of Canada has handed down several decisions of relevance in this province, while the Nova Scotia Supreme Court itself has had cause to decide issues of considerable significance. Even more important, the number of written decisions published by the Nova Scotia Labour Relations Board has increased somewhat, with the result that some detail as to the day to day practice of the Board and its interpretation of the Act is now available. This comment will review …


Sex Discrimination In Employment: The Nova Scotia Human Rights Act, Elizabeth Shilton Lennon Jul 1976

Sex Discrimination In Employment: The Nova Scotia Human Rights Act, Elizabeth Shilton Lennon

Dalhousie Law Journal

Nova Scotia enacted human rights legislation in 1963,2 but it was not until 1972 that the Act was amended to include sex as one of the prohibited grounds of discrimination. 3 Since 1957 women in Nova Scotia had had equal pay protection, 4 but this brought about no noticeable improvement in the status of women in the labour force. Some commentators have suggested that equal pay laws in fact worsened that status by giving employers economic incentives to maintain and consolidate low-paying all-female job ghettoes to avoid the effects of the legislation. 5 Equal pay legislation could have no application …


Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey May 1976

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …


Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey May 1976

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …


Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey May 1976

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …


Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey May 1976

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …


Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey May 1976

Appropriate Bargaining Units And The Employer's Familial Relations, James E. Dorsey

Dalhousie Law Journal

The policy of Canadian labour relations legislation encourages employees who have a mutuality of employment interests to bargain with their employer through a trade union, selected by them to act as their exclusive agent. To encourage orderly bargaining, labour relations boards, when determining that a trade union has been chosen by a majority of employees, group an employer's employees into units that it considers to be appropriate for bargaining. 1 There are, however, employees who are caught between a policy favouring group bargaining and the rationale that demands exclusion from the group of managerial and confidential employees. These employees are …